This is because the developer lost the entire sum of approximately Rs 6 lakh that a couple had paid after their reservation was canceled.

It referenced a recent MahaRERA circular that says that in the event that an allottee cancels a booking, the promoter is only entitled to forfeit 2% of the total.

For a total consideration of about Rs 1.2 crore, the couple had reserved a flat in Ten X Habitat, Raymond Realty Tower C, which is located at J K Gram in Thane. They had also paid the developer more than Rs 6 lakh. The developer lost the Rs 6 lakh they had paid when the couple decided to cancel and requested a refund.

The doctors who filed the complaint had reserved the apartment in May 2019 while they were working in the UK. They had to cancel the reservation in August 2019 for private reasons.

The developer claimed it was entitled to forfeit 10% of the total amount as stated in the booking application form, so it forfeited the entire amount. Represented by attorney Sunil Kewalramani, the couple filed a MahaRERA claim, requesting a reimbursement of the money paid, along with costs and damages.

According to MahaRERA member Mahesh Pathak’s ruling, the developer’s forfeiture is not appropriate or lawful under RERA’s provisions.

Pathak added that if a booking is canceled 61 days after the allotment letter is issued, the promoter is only required to forfeit 2% of the consideration for the flat, as per a circular that MahaRERA issued in August of last year regarding the required format for allotment letters.

The authority ordered the developer to return the money paid by the complainants without any interest after deducting 2% of the total consideration of the flat, excluding the statutory dues paid to the government and brokerage, if any, on the grounds that the forfeiture of the amount paid by the complainants is not in accordance with the MahaRERA circular.

The regulatory body dismissed the home buyers’ claim for a refund of the money paid, along with costs and compensation, because they were unable to provide evidence of the developer’s violation of sections 12 and 18 of the RERA.

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Around 100 one-bedroom flats will be demolished, and the number of flats for the economically disadvantaged (EWS) will be reduced from 80 to 48. According to the revised plan, there will be 192 3 BHK flats, 100 2 BHK flats, and the remaining 48 EWS flats.

A detailed agenda item in this regard will be considered for approval at the CHB’s board meeting on February 2. The meeting will be presided over by UT adviser Dharam Pal, who also serves as the chairman of the CHB.

According to sources, the CHB expects allottees to show increased interest in 2BHK and 3BHK flats due to the current state of the real estate market.

According to CHB sources, the number of applicants for the EWS category in the scheme’s demand survey report was 38, with 12 for one-bedroom flats, 33 for two-bedroom flats, and 95 for three-bedroom flats. There were 178 applications received. The demand survey was based on the saleable cost offered, which included the construction cost, land cost, and departmental charges but not the profit.

The UT administration’s Plan Approval Committee had approved the scheme’s drawings with conditions. During the project’s planning, environmental clearances were obtained, and the Chandigarh Pollution Control Committee’s approval was sought.

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